Re-Detention as a Death Sentence: Fazel Chegeni Nejad

Fazel Chegeni Nejad was a Faili Kurd from the Ilam province of Iran. He sought asylum in Australia by boat in October 2011. In 2012, Fazel was found to be someone to whom Australia owed protection obligations. Fazel struggled with his health in detention, and in April 2013 he was released into community detention. In the same year, he faced court in relation to his involvement in a minor incident that had occurred at the Curtin Immigration Detention Centre, just months after his arrival in Australia. Consequently in December 2013 his right to live in the community was revoked. While his sentence was eventually dropped, the conviction stood, which meant he failed the ‘character test’.

In early 2015, Fazel’s friend and fellow Kurd, Omid Ali Avaz, suicided while living in the community. Fazel formally requested permission to attend his funeral but his request was denied. His own mental health continued to deteriorate while repeated pleas for intervention on his case went unheeded.